LEGISLATIVE COUNSEL'S DIGEST

Existing law, subject to exceptions, provides that a person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the laws applicable to the driver of a vehicle.

This bill would, notwithstanding those provisions, authorize would authorize a city, by resolution, to implement a 5-year pilot program, commencing January 1, 2020, to allow a person who is operating a bicycle and
approaching a stop sign, after slowing to a reasonable speed and yielding the right-of-way, to cautiously make a turn or proceed through the intersection without stopping, unless safety considerations require otherwise.
The bill would authorize implementation of the pilot program in at least 3 cities that elect to participate, as specified. The bill would require a participating city to annually submit specified data to the CHP relating to the implementation of the program, and would require the CHP to report that data to the Legislature. The bill would require each participating city to create education and outreach materials to appropriately inform the public about the pilot program. The bill also would make technical, nonsubstantive changes to existing law.

Digest Key

Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
NOYES
Local Program:
NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 21200 of the Vehicle Code is amended to read:

21200.

(a) A person operating a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the laws applicable to the driver of a vehicle by this division, including, but not limited to, laws concerning driving under the influence of alcoholic beverages or drugs, Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those laws which by their very nature can have no application.

(b) (1) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:

(A) In response to an emergency call.

(B) While engaged in rescue operations.

(C) In the immediate pursuit of an actual or suspected violator of the law.

(2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway.

(c)Notwithstanding subdivision (a), a person operating a bicycle approaching a stop sign, after slowing to a reasonable speed and yielding the right-of-way to any vehicle or pedestrian in the intersection or approaching from another highway or street so closely as to constitute an immediate hazard during the time the person is moving across or within the intersection, may cautiously make a turn or proceed through the intersection without stopping. However, if required for safety, the person shall stop before entering the intersection, and may proceed after yielding the right-of-way.

SEC. 2.

Section 21200.1 is added to the Vehicle Code, to read:

21200.1.

(a) (1) A city may, pursuant to a resolution adopted by the city council, implement a five-year pilot program, commencing January 1, 2020, to allow a person who is operating a bicycle and approaching a stop sign to cautiously make a turn or proceed through the intersection without stopping.

(2) The pilot program shall require a person described in paragraph (1) to:

(A) Slow to a reasonable speed and yield the right-of-way, as provided in Section 21803, to any vehicle, bicycle, or pedestrian in the intersection or approaching from another highway or street so closely as to constitute an immediate hazard during the time the person is moving across or within
the intersection.

(B) If required for safety, stop before entering the intersection and proceed after yielding the right-of-way.

(b) The pilot program shall be implemented in at least three cities that elect to participate. Participating cities shall include at least one small, one medium, and one large city, and represent urban, suburban, and rural environments.

(c) In addition to the requirements of paragraph (2) of subdivision (a), a participating city, in consultation with local law enforcement, shall include in its resolution the number and location of intersections selected for the pilot program, as well as the selection criteria and procedure.

(d) A city may terminate its participation in the pilot program at any time.

(e) (1) A participating city shall annually report the following data to the department with respect to the pilot program:

(A) The number and types of intersections selected for the pilot program.

(B) The total number of traffic incidents involving bicycles.

(C) The increase or decrease from the prior year in the number of fatal collisions involving bicycles.

(2) The department shall annually submit a report to the Legislature of the data provided pursuant to paragraph (1). A report submitted under this paragraph shall be submitted in compliance with Section 9795 of the Government Code.

(f) The pilot
program shall be applicable in a city as authorized in this section only when signs have been erected giving notice thereof in accordance with Section 21400.

(g) Each participating city shall create education and outreach materials to appropriately inform the public about the pilot program.

(h) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.